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HomeMy WebLinkAboutCity of Tamarac Resolution R-1974-0117 41P C CITY OF TAMARAC, FLORIDA I �i RESOLUTION N0. A RESOLUTION DECLARING THE RESULTS OF THE GENERAL ELECTION REFERENDUM ON AMENDMENTS TO THE CHARTER OF THE CITY OF TAMARAC WHEREAS, a general election was held on March 5, 1974 for the purpose of a referendum on Amendments to the Charter of the City of Tamarac, and WHEREAS, the City Council has canvassed the results of the machine voting and absentee ballots as certified by the Election Board. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: T hat pursuant to Florida Statutes, Section 166.031, the following amendments are declared to be passed and to be part of the City Charter of the City of Tamarac. Section 82 Section 81 For Repeal of Section 79 Section 83 Sections: Section 5 Section 84 85, 86, and 88. Section 28 Section 124 Section 39 Section 125 Section 71 Section 131 Section 72 Section 75 Section 76 Section 77 SECTION 2: The City Clerk is hereby directed to file with the Broward County Court of Record a certified copy of each of the above amendments along with a certified copy of this Resolution. I �wor_.n �7 03 .C..;) 3b --z SECTION 3: When Section 2, above, has been complied with, the City Clerk is hereby directed to file with the Secretary of State in Tallahassee a certified copy of each of the amendments as well as a certified copy of this Resolution and a certified copy of the Certificate from the Election Board, as required by Florida Statute 116.13. SECTION 4: The City Clerk is directed to attach to the present Charter a copy of each of the new amendments. SECTION 5: The City Clerk is directed to send to the Codifier of the City's laws a copy of each of the amendments along with a copy of this Resolution for inclusion in the codified',C.hatter. SECTION 6: The City Clerk is directed to prepare suf- ficient copies of the amendments for distribution at a nominal cost when these amendments have been recorded. PASSED, ADOPTED AND APPROVED this �DAY OF 1974. 1 CITY CLERK ' 'j :4 f Pvr opn ow rYlT NTMT. ATOT-P. Seltman :4,e— Vice Mayor Lange Councilman Johnson Councilman Shultz-{� Councilman Tucker A_n I HEREBY CERTIFY that I have approved the form and correctness of this RESOLUTION. c J�T C •1 M C--E--R-T-I-F-I-C-A-T--E WE, the undersigned members of the Tamarac Election Board, do hereby certify that the attached schedule represents the true and correct number of votes cast for each of the named candidates and the proposed Charter amendmwnts in the General Election held in the City of Tamarac, on Tuesday, March 5, 1974. The Grand Total Figure in each category represents both the number of machine votes and the number of absentee votes cast for each candidate. Based upon the attached results, the following persons have succeeded in the General Election: FOR MAYOR; FOR COUNCIL, District Two: FOR COUNCIL, District Three: FOR COUNCIL, District Four: FOR CHARTER BOARD: FOR ELECTION BOARD: C� iE:;'CQ t- m like �� r - `�C'Y'� �J• �.7`�'r Vl �'� l Y� �c- Cn c�a Qv- No Text No Text 5200 ROCK ISLAND ROAD TAMARAC, FLORIDA 33313 TELEPHONE (305) 73 1 -5900 March 15 1974. / 4 — C E R T I F I C A T E.-� BROWARD COUNTY C.n STATE OF FLORIDA I HEREBY CERTIFY that the attached is a true and correct copy of City of Tamarac Charter Amendments Numbers 82, 79, 5, 28, 39, 71, 72, 75, 76, 77, 81, 83, 84, 124, 125, 131, 85, 86 and 88, the original of which is on file in City Hall. Witness my hand and the seal of the City of Tamarac. 45 Peggy M. Twichell City Clerk. C� ARTICLE, XII I, Si!ction 32 c?.. tr,r� cra ,i t(2r of th" City of Tamarac I is hereby amended to read as A of l ows SECaICN 62. ORDINANCES A14D RESOLUTION'S 1. Each Ordinance or Resolution shall be introduced in writing aid sign,!& by ._he Ccauncilman .i.ntroauc.ing it. It shall embrace but one oub jecty and ma+. t:O'ils properly connected therewith. The sub:.7-ct shall b�: r1.��arly jitat:.ec in the title. No OrOin::aac e shal .. l:cx re­fised oi: by refereaxc.e to its titlo only, ord.i..7a. cles to rovist- or af,,te d shall set, forth in full the or amLL sided. acts, secti.oll or sub- section or .in paragraph of a section or a subsection. The enacting clause of every Ordinance shall be as follows: Counc:'_l of thu- City of TiaArkl2i: C. " 2. (a) % proposed Ordinance may be -read by title only, unless a read:i.>ag in full is requested by any person, and shall be read at at ,Least three (3) counci.3. ineetings and shall, at least seven (7) drays prior to the second reading, be noticed once in a newspaper of general, circulation in the municipality. The notice of proposed enactment shall state the date, time and place of the meeting, the title or titles of proposed o_: di iz anceEi and the place or p i aces within the municipality where much pr'opo,3ed ordinances mixy be inspected by the public. Said: notice shall also advise that interested parties may appear at the meeting and be heard with respect to the proposed ordinance. (b) The City Council of 'T'a.matac by a two-thirds (2/3) vote may enact an emergency ordinance without complying with the requirements of, thr}-e (3) separa ale readings or publication of notice contained i_ca Paragraph 2 (a) of this section. + 3. The majority o:: the members of -he City Council shall constitute a quorum. The iatfirmative votes of thre rl (3) councilmen shall, be necessary to enact nny ordi nanco or adopt any resolution provided that two-thirds (2/3) of the (!P � a .c a ,pin [t c� !Lh .��Y►RA 0 Ll each gassaqep ttio vote of e3ach member of .., . the City, Council. vot i oshai.1, bR enierea on -" -I"tc 0 Acl-al records v the- meet. i nj pry 1. i 0 ns-4 bo days F_nt,3Silc"C', CII)II ;"I"(j There ahall bo an opper'2,,Aia".tv I)ub"U'Lc hearing at oach rf.4adinq of, ant,,,, o Y.,- r e.-ic) I u i. i n. 4 or uP011 kia-"Wilageo for p,�-trpose, and SACIII , bo q� Ik C'I e f the City Cuuncil Of I'l-4all.-Arac. 0 I= 44 Wd yrprn ILA Icn —.3 cm 4�w C'n ARTICLE XII, Segos 75, of the Charter of ft City of Tamarac is heresy �-ni-en :sd to read as follows: SECTION 79. RECALL, Any elected official may be recalled and removed ::ro:a his office for any reason which might be deemed adequate by any citizen as sufficient reason to vote against said candidate. Said reason need not rise to the status of nonfeasance, malfeasance or misfeasance. The following 4 procedure shall be followed: (1) IlVenty-five (:5) registered electors residing within the district represented by the official sought to be recalled or fifty (54 registered electors residing within the City desiring to recall an elective official, whose district is citywide, may make and file w;�th the Clerk, an affidavit containing the name or names of the person or persons whose removal is sought and a statement of the grounds for removal in not more than two hundred (200) words. (2) The City Clerk shall within forty- eight (48) hours, serve a copy of the affidavit and statement of grounds for removal on the elective official sought to. be recalled and he or they, within five (5) working days after such notice, may Nile with the City Clerk, a defensive statement not exceeding two hundred.(200) words. (3) The City Clerk shall, at once upon the expiration!of said five (5) working days, prepare fifty (50) copies of such petition, and to each of them, the City Clerk shall attach a copy of the grounds for removal and any defensive statement furnished the City Clerk within the time stated. Each copy of the petition shall contain the number of pages necessary to carry the signatures of one (18) per cent of the registered electors of the City, and each page to bear the affidavit to be executed by the circulator thereof stating the ntunber of signatures appearing upon such page, � M --j and that he personally saw aach person sign the petition. M Q-3 rn C� C� 9/13/73 L� (4) All copies of the petition shall be delivered to the registered elector or registered electors who prdSented the affidavit to the City Clerk. (5) The recall petitions, to be effective, mu34 be returned and filed with the City Manager within thirty (30)days after the City Clerk delivers the same to the circulators. (6) The City ManacTer shall assemble all of said copies of the petition as one petition. If such petition is sufficient as to signatures, the City Manager shall within' five (5) working days, serve notice of that fact upon the t elective official designated in the petition, and also deliver to the City Council a copy of the original petition with its certificate as to the percentage of registered electors who signed the same_ if the City Manager's certi- ficate shows the petition to be insufficient as to the signatures, the City Manager shall, within five (5) working days, notify in writing one (1) or more of the circulators of the petition, and the petition may be amended at any time within ten (10) days after the giving of said notice by filing of a supplementary petition signed, and filed as provided herein for the original petition. (7) The City Manager shall within five (5) days after'such amendment make an examination of the amended petition and attach thereto his certificate of the result. If found to be insufficient as to signatures, or if no amend- ment was made, the City Manager shall file the petition with the City Clerk and shall notify the City Council, the person, if any, filing said amended petition of that fact. (8) If the elective official or any of them designated in the petition filed with the City Manager, within five (5) working days after the City Manager's certification that the petition and amendments contained the required percentage of signatures, tendered his or their written C� reetgnatian he si Sri "v wa�inc7 �tti;11_;. ��l1rt� i1[)1v Second Drai t , 3) 9/13/73 City Council of that fact and such resignation shall be irrevocable, and tine City Council, shall proceed to fill the vacancy. (9) In the absence of any such resIgnation, the Election Board shall, forthwith order and fix a day for holding a recall, election for the removal of those not resigning. Any such election shall be t~elt: not less than thirty (30) nor more than sixty (60) days; after the expiration of the five (5) working days last mentioned, and at the same time as any other general or special election held within such period; but if no such election be held within such period, the Election ward shell call a special recall election to be held within the period aforesaid. The petition for recall. shct.11. be substantially as follows I I I A M M 1FFMW"m' 0 E CA t L P E T 1 T f 09 We the unde.rstgned, residents of _J � Dts�.r-ct or City) repre5ented by , request that Tiiame of Elect d Of i.ca.al a Pecall, election be- held to Bete pine if Name of Electe _ should be recalled from the office of (Name o? ace �44!-LrD eL&C'Tt, R' 5 5 I GNA`C'URE RESIDENTIAL STREET ADDRESS AFFIDAVIT BEFORE ME, the undersigned authority, personally appeared who being first duly sworn, deposes Circu itor and says that this signature sheet contains signatures which l personally witnessed. Circulator CA C1) my commission expiresi Cm Notary Publia CC ARTICLE I,.Section 5 of the Charter of the City of.Tamarac is hereby amended to read as followst SECTION 5. ANNEXATION The corporate limits of the City of Tamarac may be extended so as to include adjacent territory not then within such corporate limits by ordinance passed by the City Council and submitted to a separate vote of the registered electors of the City of Tamarac and of said territory, unless a referendum is otherwise prohibited by general law. Such election shall be called and conducted and the expenses thereof paid by the City of Tamarac, and the -Said territory shall not be annexed unless such annexation is approved by a majority of the registered electors voting on the question of annexation of each parcel in such election in said territory and the City of Tamarac. The City Council may only pro- pose for annexation such lands as are contiguous to the existing - territorial limits of the City of Tamarac. 1 AI�TiCLB V, Section 2'8 of the Charter of the City of Tamarac is hereby amended to read as follows: SECTION 28. QUORUM: MI.N114UM VOTES NECESSAP.Y TO PASS ORDINANCE OR RESOLUTION A majority of all, members of the Council shall consti- tute a quorum, but a lesser number may adjourn from day to day and compel the attendance of absent members in such manner and under such penalties as may be prescribed by ordinance. The affirmative vote of three (3) members shall be necessary to pass any ordinance on a reading, or adopt a resolution, and the passage of all ordinances and resolutions shall be taken by "Ayes" and "Nays" and entered upon the minutes. The City Manager, the City Clerk and the City Attorney should be present at any Council meeting, but the absence of any or all of the three shall not invalidate an'otherwise valid meeting, or any proceedings taken, thereat. �i 1 ARTICLE v11 * Section 39 of the Charter of the City of Tamarac is hereby amended to read as followst SECTION 39. APPOINTMENT AND QUALXFICATIONS The City Council shall appoint a City Manager who shall be the administrative head of the City government under the direction and supervision of the City Council and who shall hold office at the pleasure of the City Council. He shall be chosen solely on the basis of his demonstrated executive and municipal administrative qualifications without regard to his political belief or persuasion. During the absence or disability of the City Manager, the City Council may designate some properly qualified person to temporarily execute the functions of his office. r CJ1 C7a G7a CA W ARTICLE Xi, Section 71 of the Charter of the City of Tamarac shall be amended to add thereto at the endp an unnumbered paracraph which shall. read: SECTION 71. ELECTION HOARD The Election Boars, shall have the'exclusive power to select an attorney of its choice and to fire said attorney. The Election Board shall, inform the City Manager of its selection and the City Manager shall promptly employ the said selection, at a salary commensurate with that paid the attorneys of other Boards. I I ARTICLE' Xi, Section 72 of the Charter of the City of Tamarac is hereby amended to read as follows. SECTION 72., ARRANGEMENTS FOR ELECTION The Election Hoard shall make all necessary arrange- ments for holding all elections and referendums shall state where and when said elections shall be held, name the offices to be filled, and if applicable, the issues to be decided, and shall publish the for6going information once each week in a newspaper o general circulation in the City for two (2) consecutive weeks preceding the date set forth for such elections, the first publication to be not less than fourteen (14) days prior to such dates. The Election Hoard shall declare the results of all elections. Any special election or referendum wherein the time is not oth6rwise set by law shall be held within sixty (60) days of the date that request is made on the Election Hoard to make the suitable arrangements or within sixty (60) days of the operative fact which renders such election necessary, c v. 1�. .. rl� ARTICLE X1, Soctf 75 of the Charter of t.lerkty of T,'Lmarrac is hereby a i),onded to read as follows t SECTION 75. REFERENDUM ELECTION Referendum elections shall be held at the time of regular elections if called not more than n.nety (90) days nor less than thirty (30) days prior to said regular election. Referendum elections, when not to be held at the time of general elections shall be called by the Election Board within sixty (60) days of the request made to the Election Board or within sixty (60) days of fhe.operative fact that makes said referendum necessary. Any matter or matters which by the terms of the Charter may be submitted to the electors at a referendum election may be submitted and voted upon at any regular election. The language of any issue submitted to referendum shall irst be approved- as to form by the attorney rep- resenting the Election Board. The Petition For Referendum shall be substantially as follows: 1. r M -n b a, y rn CJ� • • REFER P4DUM PETITION THE UNDERSIGNED qualified electors of the City of Tamarac petitior, the City Council to (repeal) or &Mend) in the following respects Ordinance No. � -- If the Council fails to comply with this petition within thirty (30) days of the time of filing said petition, then we request that said Ordinance be submitted to the Voters at the next election helm within the City. QUALIFIED ELECTOR'S : IGNATUnE RESIDENTIAL STREET ADDRESS STATE OF FLORIDA COUNTY OF BROWARD x AFFIDAVIT BEFORE ME, the undersigned authority, personally appeared who being first duly sworn, deposes circulator and says that this signature sheet contains signatures which I personally witnessed. r+orary PZ91rc C3i C73 Circulator CM r; Oa Cit . Cn ARTICLE XISe Section 76 of the Charter of the City of Tamarac -in hereby amended to read as follows: SECTION 76 SIGNATURES R-EQU.'MED ON PETITIVNS Petitions for initiative, referendum and recall as provided for .in tlii a Charter, must have signatures of qualified electors of thq City, equal in number to ten (10%) per cent of the number of votes cast in the last general CITY election, for that candidate, or on that referendum, which drew the largest total of votes cast. All petitions shall set forth the name and residential street address of each Person signing and at the bottom of each signature page shall contain an affidavit by the Circulator as to the number of signatures on the page and that he witnessed each sig- nature thereon. J 0) b 4.7 rTl CA C7 11 ARTICLE XII, Section 77 of the C'hArter of tlh r j+ v - r Tamarac is hereby amended to read as follows: SECTION 77. PETITION Initiative Petitions s:ya,ll be uniform in character, shall contain they proposed ordinance or resolution in full and if such proposed ordinance or resolution requires the expenditure of fund„ the ozdi. ia.nce or resolt.;.ion must provide therein for ti-ae additional revenues which shall be required to carry out the ordinance or resolution. The City Manager shali vezi.fy thE, sufficiency of the signatures within five (5) working days. If found insufficient, the City Manager shall notify the circulator of such Petition or Petitions and said circulator may amend said petition at any time within ten (10) days by filing a supplementary petition signed and filed as provided herein for the original petition. If the Casty Manager finds the petition sufficient as to signatures, then, he shall transmit the petition to the City Council, which shall proceed with the proposal in the regular manner herein provided. The Council shall either enact the ordinance or reso.luL-ion without amendmert or reject it within the following three (3) Council meetings. In the event the Council shall fail to enact such ordinance or resolution, the Council shall at the next election held within the City submit the same to a vote of the people. The City Manager shall request the Election Board to make arrange- ments for the election. The Election Board shall cause to be published a notice of the election and a copy of the proposed ordinance or resolution. in a daily newspaper of general cir- culation in the Casty. Such publication shall not be more than twenty (20) days nor less than ten (10) days before the election. All initiative ordinances,or resolutions shall have a title which shall state, :in a general way, the purpose and intent of such ordinance or resolution. The ballot used for such election shall contain the title of such ordin- ance or resolution. In initiative elections the question shall be determined. by a majority of the electois voting on the question. The Petition For initiative shall be substantially as F01 l,yws : . PETITION FOR INITIATIVE WE THE UNDF-RSIGNEI) qualified electors of the City of I Tamarac request the City Council to enact the (ordinance) (resOlut-lon) attached hereto, a-nd mad(,y a part hereof. In tht-� eV-e_nt the Cilf­y Counc'.1-2. fails to enact said (Ordinance) (reso)uti,on) wtth.in the time period co'%.tered with the next. three (3) regular CmAncil meetinp, than said tordinance) (resolution ) shall be sutmitted to a vote of the people- at the next elect -ion held within the City. QUALIFIED MECTORIS SIGNATURE FESIDENTIAL STREET ADDRESS STATE OF FLORIDA COUNTY OF BROWARD BEFORE ME, the unciers-igned aut-hority, personally appeared who being first duly sworn, deposes Circulator 03 and says that. this signat-,,rr,,, contaima 8ignatures __j m which I personally wilt-nessed. m C ■ C-CF&�Xf _d t 0 r otdry Pu4l,sc !1 0 ARTXCLE XI.II, SeCti_nrt 8.7 . Of the Chard-er Of the. City Tamarac is hereby amended to read as followst SECTION 81. DEFIN7,TI N-5 (.i.) AD USr�d in this Section the following words and tt3r:, Si-IiA ,l hAvo �110 icillowing weaninga unle is soma other meaning is plainly indicated. (a) means an official, legislative action of a govern:'.ng body, w:aich action is a regulation ow ra general and per;ati,�Ve t nature and, enforceable as a local law. (b) "ResoY%ktion" means an expression of a govern- ing body cvsjcern .rich rz atters or.: administration, expression of a temporary character, or zi provision for the disposition of a particular item of the administrative business of the governing body. a' M Cri ARTICLE XIXI, Sect, -Lon 83, of tje CiiarEr,r of the City of T'OM21rac !. s ht.re) y 8vnended to re od is follows: SrC:TIGM 63. r-MURG&SCY ORDINANCE, An ordino.ncv- may ho-passed as an emergency measure as he r oj' n a7 -�c-"c PTOV .�ej' only t},c= c: ou'ac:i.l finds that a boxa f1cle and causes to be shown on its Minus os th ± -f:.. t r" On "'jhich it, 1),in s its findings. Said f'Iil I"C 3'Iic-y ;Jf a sel.1 created variety. It must ar.toe out of a gs.Ituaiti.an SUC.. that rea3onab.le prudence would not ha o its occurrence- in time to take care of it by tiie u:: o of norical. prar o, ure-3. An emergency ordinance may go i.-ito effoct inmediately, at a fixed time, or upon Uie occurrence of a n:Lmed contingency. The emergency ordinance shall be restricted to conditions eminently Iffecting the peace, property, health, aaf.ety or morals of the community. 0 0 (IU/'2 q/ -4 :�) Scc4ion 84 of the Charter of the City of vie-AAe2 t� read as follows: S `:C*-)N �-j F 0 '"A.�-.' T" f PD1 NAN C E S cif` th(- oil�ective date of this Charter Und, -1, t . '5) y:,ar.s thereafte.-, the Council Shall ---.rrk-kn(ja ct��.`)Ltic-,3tion or cow.Pilation of all ezFwL.1�)Li!)"Lic Or pormai,ent nature, or ordin- ;ance3 wh.-.'c.h -a fine., p,-,rialty, or for.Ceiture. Such lace C 0 rnp 1 a L o- n c i: �I i. f i- c 'iltd c); z s h. a I 1 1) e p on file with the Clerk, :-2111a'I be wad,-� avxilgable for Inhe use of the public, and shall be viad-i a',,,ai'"able for purchase at a reasonable VcicF_- Certificd copies of any ordinance may be received in evidence in all courts. it 0% M t� { I �{ I 7r I C L Z XIXA Sec -ion 124 of the Charter of the City of Tamarac is hereby amended to read as follows SECT 10124, C.,I; i:TI R AMENDMENTS; REPERENDUM The Charter Beard :)hall make a report of any proposed w,nendments to the Charter of the City of Tamarac on or before November I of each year. such proposed amendments shall be submitted for appi-oval or disapproval by the que,lified electors of the City of Tamarac at the next general. election. Each of said proposed amendments shall take effect upon the approval of a majority of those voting on said amendment. Notice of the proposed amendment or amendments to the Charter of the City of Tamarac shall be published in a alewspaper of general circulation in the City once each week for two (2) consecutive weeks, the first publication thereof to be not less than fourteen (14) days prior to such election and a copy of said notice shall bepoated in a conspicuous place in City Hall not less than fourteen (1.4) days prior to said election. r V • Cn Cr) c� CD M W \ .. (10/2.9/73) ARTICLE XX, 5eCticm 1.25, of the Charter of the City of to read as foiiowr. l't PL,ANitiy:id:y AND ZONING Px:,vs.yions oi= Chapter 163, Part 2, Florida Statutes are eonzidered OPPli-cable to the City of Tamarac and the proceduh-e therein set forth shall be utilized by said City. Except thi.t, th�;� City Council shall not delegate to the Zoning Commiss.i.n;, the final approval on those powers set forth in 163.265, but on the Contrary the City Council shall be the final authority. ti (10/29/73) ARTICLE XX, Sectic_n 131. of the. Charter of the City of _ '.1'c1maxac is hreby amended to .read as follows SEC T'IO:N 131. PU ;;:. P? ��;G: AND PUBLIC NOTICE Unless otla��7.-wi.se specif .ed herein, a notice of public he°. ,r �_;zy before t.!�c.: Cc,unc ..i.a , a notice for invitation for b i.c. s, a notice to mater.ial.11-ri and other types of notices z'eq�;i.red to bc t>Li`.>.l.i.-shc':cl shall be posted in a conspicuous pIcIC70 .It Ci t:_Il ]ic:i:L-1 t:tnd shall be published in two (2) conz.ccut.ive issuer. of a net ,; pzapor of general circulation in the City, with t-hc? First publication at Least ten (10) days before the date of such public hearing or time for filing of bids, and the second publication seven (7) days after the first Publication. Notices which contain legal descriptions shall in addition to legal description, contain a street address or other descriptive material which will permit the lay public to identify the land involved. The notice of agenda shallain addition to the temporary number, contain a brief description of the subject matter of the ordinance or resolution. LI i • ■ y • Is fay �Ct. ..t Tr 5ecfi i_ �.. f35 �?f� , sand '88 or the Charter of the Cit-v O'L Tcwtizirac k. �, and the sanit� are hereby repealed. 11 RECORDED IN THE OFFICIAL RECORDS BM a BROWARD COUNTY, WDRiIis 9. M. STROBF,,o cowo OPNIF74OUAR V) rn CM cn